(a) Accommodation of all users of a transportation facility
need not be considered in the planning, designing, construction,
reconstruction, rehabilitation, maintenance or operations of any
state, county or local transportation facilities receiving funds
from the Division of Highways if the commissioner determines that:

(1) Use of a transportation facility by pedestrians,
bicyclists or other users is prohibited by law;

(2) The cost of new accommodation would be disproportionate to
the need or probable use;

(3) There is a demonstrated absence of future need as
determined by factors such as current and future land use, current
and projected user volumes, population density and crash data;

(4) The time-sensitive or expedited nature of the project
would be adversely affected; or

(5) The project has already moved beyond the initial planning
stage at the time this article goes into effect.

(b) The commissioner is encouraged to consult local and
regional plans and leaders, as appropriate, in assessing
exceptions.

(c) Documentation of any granted exceptions may be made
publicly available and shared with the advisory board as
established in section three of this article.
Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.